Builder Changed Look of Balcony on off-The-Plan Apartment. Now I Don't Want It. Settlement Next Week

activ8newbs on 24/10/2019 - 08:07
Last edited 24/10/2019 - 09:22 by 1 other user

Hi all,

Trying to research an issue on behalf of a friend.

He purchased an off the plan apartment a year and a half ago. Was supposed to be built 6 months ago but it's about the 3rd time builder has delayed.

Finally, builder called saying we're close. Expecting settlement in the next couple weeks.

My friend went for a final inspection and was shocked to see that the balcony area is dramatically different to what was shown in the promotional materials. In front of the balcony, throughout the length of it, the builder has inserted vertical grey bars (exactly like a prison cell).

This was never meant to be.

The issue is that as far as I'm aware, the contract specifies the floor plan…which is still the same. It's just an addition of these vertical bars.

After raising it with the builder, the builder advised that the neighbours were worried about privacy so they insisted that the entire east side of the apartment complex have those bars put in place.

Deposit of $25k has been placed.

Additional deposit of $80k due on settlement. Settlement is fast approaching. Although date bit yet locked in, it's 2 weeks away at most.

What can we do? This is a deal breaker. The apartment loses its sex appeal and this is just so wrong on so many levels.

Can someone please guide my friend? I'm worried that settlement is fast approaching…and I'd we hit settlement the builder may just wash his hands and leave.

Thanks
US1

Financial

Comments

  • activ8newbs on 24/10/2019 - 08:07
    +6

    Edit: TLDR
    Builder changed look of balcony on Off-the-plan apartment. Now I don't want it. Settlement next week. What to do?

    • k-rokfm on 24/10/2019 - 08:13
      +57

      so is the builder screwing you or your friend?

      • pyramid on 24/10/2019 - 08:27
        +38

        Builder screwing friend and in turn friend screwing OP….Kinda Threesome…

        • JimB on 24/10/2019 - 16:33
          +36

          No Threesome, No one screwing anyone. The apartment has lost it's sex appeal.

          • Waffles on 25/10/2019 - 07:24

            @JimB: Some people like the prison cell/handcuffs

      • pegaxs on 24/10/2019 - 08:27
        +84

        It’s always OP. Even if it says friend/family/partner/neighbor, it’s always OP.

        • tomsco on 24/10/2019 - 08:48
          +24

          But what if…

          ALWAYS.

          • [Deactivated] on 24/10/2019 - 11:46
            +25

            @tomsco: My friend says that it isn't always.

        • spackbace on 24/10/2019 - 12:12
          +4

          It's "the vibe"

        • cashless on 25/10/2019 - 13:04
          -1

          But if it's OP, how can a unistudent afford a new off the plan apartment?

          • Maverick911 on 25/10/2019 - 14:25
            +2

            @cashless: Because they are about to start at Westpac as an analyst and decided against the high yield car

            • AMLagonda on 25/10/2019 - 18:59
              +1

              @Maverick911: My Mates mate, wife's brothers mate said this isn't always true.

        • Aneurism on 26/10/2019 - 11:50

          Could also be a hobosexual obtaining social opinion for action as they probably have no say in the decision making with whomever they are leaching off and the friend is some guy (married or otherwise) that was coughing up the money.

          • pegaxs on 26/10/2019 - 12:35

            @Aneurism: Oh, no, this is mum and dad's money, for sure…

      • hey aj on 24/10/2019 - 11:28
        +14

        You really think someone would do that, just go on the internet and tell lies?

      • CocaKoala on 24/10/2019 - 15:50
        +10

        The apartment loses its sex appeal and this is just so wrong on so many levels.

        That line has to be a winner. I thought apartments were glorified prisons, but never knew apartments had sex appeal. May be the same kind of sex appeal offered by senor bubba while in the prison shower.

        • dcep on 24/10/2019 - 18:37
          +11

          https://www.imdb.com/title/tt0091927/
          Sex Appeal (1986)
          This is the story of young Tony Cannelloni as he attempts to break away from his overbearing mom and strike out on his own. He sets himself up with a new apartment, look, and lifestyle to improve his "sex appeal".

      • dufflover on 25/10/2019 - 11:47
        +1

        I'm not even sure why anyone would need to "asking for a friend" for this sort of topic anyway. It's not exactly personal.

        Well, unless the OP was hoping to snoop on some of the neighbours having sex or the opposite same want to "perform" publicly on the balcony 🤔

      • kaleidoscope on 26/10/2019 - 08:58

        That escalated quickly

    • RockyRaccoon on 24/10/2019 - 10:18
      +10

      With age and experience.

      What of these applies to you.

      The contract is issed by the Seller, its designed to look after the issues for the seller, within the bounds of contract law.
      To enforce a contract are you prepared to spend the money to have the arbitrator decide - The courts - and that costs you.
      Journalists tell everyone how great property is and that everyone makes money etc out of every deal. Just like everyone knows someone who wins big on Pokies races etc
      Buying anything sight unseen from Internet to houses involves risks

      and finally

      Asking for advice without relevent information gets advice thats not relevant. Whats your contract say about your rights to cancel? Do you lose your deposit and liable for more? Again look at my first point.

      Maybe its worth losing the 25K (if thats all you lose) if the value has dropped like some apartments have done

  • StonedWizard on 24/10/2019 - 08:09
    +19

    Your friends allowed to have sex with whoever they want.

    StonedWizard on 24/10/2019 - 08:09 (Collapsed - Offtopic. Show)
    • HighAndDry on 24/10/2019 - 09:22
      +2

      As long as they're of age and consent.

      • Kangal on 24/10/2019 - 15:43

        Any other conditions, like mental capacity, place, visibility, monetary value…?

  • jjjaar on 24/10/2019 - 08:18
    +20

    Talk to your conveyancer/lawyer/solicitor (whoever is managing settlement on your end) and seek advice from them regarding your options.

    Regarding the bars - this is commonplace these days to avoid overlooking. It is very likely you purchased off the plan before final approvals were given by council. These plans would specify the bars and likely cannot be changed as they are a condition of the permits.

  • [Deactivated] on 24/10/2019 - 08:20
    +15

    My friend went for a final inspection and was shocked to see that the balcony area is dramatically different to what was shown in the promotional materials.

    What the developer is allowed to build is based on floor plans.

    the builder advised that the neighbours were worried about privacy so they insisted that the entire east side of the apartment complex have those bars put in place.

    Were these part of the plans or within allowance for change?

    this is just so wrong on so many levels.

    We get it. You have said the entire east side.

    purchased an off the plan apartment a year and a half ago.

    I have a feeling this is the main reason your friend doesn't want it anymore.

    • ihbh on 25/10/2019 - 20:12
      +2

      purchased an off the plan apartment a year and a half ago

      I have a feeling this is an even more important reason your friend doesn't want it anymore.

    • GrantG on 26/10/2019 - 07:03
      +1

      We get it. You have said the entire east side.

      So many levels.

  • pjetson on 24/10/2019 - 08:20
    +1

    Surely your friend has a conveyancer or a lawyer? Get your friend to talk to them.

  • brad1-8tsi on 24/10/2019 - 08:22
    +20

    friend, I , we

    which is it?

    • [Deactivated] on 24/10/2019 - 08:22
      +49

      It's always the OP. We just play along with the "friend" bit.

      Get with the program.

      • brad1-8tsi on 24/10/2019 - 08:24
        +18

        I have no friends. I need a problem for Ozbargain so I can imagine I have a friend. Then I can have a sex-appeal balcony time.

        • [Deactivated] on 24/10/2019 - 08:27
          +5

          That's the new program.

          You need to get with the old program before you can move onto the new program.

          Sure, the new program has more sex appeal and balconies. Who can resist the siren's call of balconies but remember, without the first program, there are no friends to be included in the balcony appeal of the second program.

    • Munki on 24/10/2019 - 21:31

      Yes.

  • sosleepy on 24/10/2019 - 08:24
    +7

    I thought different "Builder Screwed My Friend" haha

  • SnoozeAndLose on 24/10/2019 - 08:24
    +7

    Do you mind show some pictures?

  • atris17 on 24/10/2019 - 08:28
    +2

    You mean a lattice ?

    Yeah i just got mine install in my balcony for privacy and security reason, out of my pocket
    Seen it done before to small scale apartment where entire side of building have to privacy screen
    This way The neighbour don’t complaint etc
    Could be because the need to comply with building codes etc , depending on distance from the neighbour house
    Best to ask solicitor or conveyancer, as each states has different regulation

    • aligind4h0us3 on 25/10/2019 - 08:16
      +2

      Pretty sure "vertical grey bars (exactly like a prison cell)" wouldn't be lattice…

  • Dont Care on 24/10/2019 - 08:36
    +3

    'friend' you sure know a lot of detail including contract details. Do you spoon?

  • EightImmortals on 24/10/2019 - 08:44
    +3

    Does your 'friend' have a spanner?

  • Hithere on 24/10/2019 - 08:53
    +20

    He purchased an off the plan apartment a year and a half ago.

    And the value has dropped enormously meaning it's now worth far less than the contract price I agreed to pay.

    How can my "friend" [wink] get out of the contract?

  • Dont Care on 24/10/2019 - 09:00
    +5

    Have you been to a prison lately? How can you say prison bars lose sex appeal. What do you think goes on in prisons

    • EightImmortals on 24/10/2019 - 09:05
      +2

      Bible studies?

      • [Deactivated] on 24/10/2019 - 09:14
        +4

        Soap Handling 101

        • EightImmortals on 24/10/2019 - 09:31
          +1

          I'd be no good at that, I always drop the soap when I'm in the shower.

        • Hithere on 24/10/2019 - 10:01

          Big Bubba handling 101 more likely.

  • [Deactivated] on 24/10/2019 - 09:06
    +5

    Uni student buys apartment, crazy world we live in now.

  • [Deactivated] on 24/10/2019 - 09:15

    damn this sounds like a porn title

  • AngusD on 24/10/2019 - 09:18
    +11

    If the builder screwed your friend on the balcony, then the privacy afforded by those bars is the only reason your friend and the builder didn't get arrested.

  • enzioFirenze on 24/10/2019 - 09:27
    +2

    This is a deal breaker. The apartment loses its sex appeal and this is just so wrong on so many levels.

    ROFL

  • elgrande on 24/10/2019 - 09:31
    +3

    this is just so wrong on so many levels

    So the grey bars are on all levels then?

  • djkelly69 on 24/10/2019 - 09:33
    +20

    As solicitor/conveyancer would have explained to your friend when they signed the contract, the promotional materials mean basically nothing. It is what is in the contract that counts.

    And as the contract says nothing about what the balcony will look like, there is no claim your friend can make because it doesn't look how they expected it to.

    Even if the contract did specify what the balcony was to look like, they would have clauses in there which allow them to make changes, and generally a buyer can't make a claim for those changes unless it represents a substantial detriment (usually something like 5% of the contract price). No-one is going to accept that a change to look of a balcony represents a drop in price of that size, no matter how much hyperbole you/your friend uses.

    TLDR:

    What can we do?

    Nothing

    • nakahanap on 25/10/2019 - 17:54

      Agreed.

      My understanding is that it is a very common practice for those writing off the plan contracts to include clauses that allow for the builder to make changes. It's one of the risks in buying off the plan.

      If you don't want this risk, buy already built property. Which unfortunately have higher stamp duty.

  • H E B on 24/10/2019 - 09:41

    Medical Condition.

    Is what someone else was trying to argue.

  • profar on 24/10/2019 - 09:43
    +2

    I think there wouldn't be a problem if apartments kept on appreciating .

    Its just not sexy when the arse is falling out of them :)

  • mini2 on 24/10/2019 - 09:50
    +2

    Talk to your conveyancer/solicitor and see what are your options? Oops I mean your friend, obviously.

  • CyberMurning on 24/10/2019 - 10:35
    +5

    That is off the plan for you.

  • bohn on 24/10/2019 - 10:54
    +1

    The builder would have had to do this to meet council planning. You would have been able to see this if you had asked to look at the plans (the full drawings) - the full plans are available to be viewed in person at the council office.

  • dcep on 24/10/2019 - 10:54

    That's a good thing, for safety wise.

    https://7news.com.au/news/world/naked-couple-plunge-to-their…

  • edwardcr on 24/10/2019 - 11:23
    +8

    If this is a Sydney apartment you/your friend will no doubt have a much bigger problem in the near future.

    The building will probably collapse!

    • Baysew on 24/10/2019 - 11:36
      +5

      On the positive side, the vertical grey prison cells bars will survive.

      • tryagain on 25/10/2019 - 21:42

        The bars are actually to deal with an structural issue.

  • Realsteel on 24/10/2019 - 12:28
    +2

    Out of interest, how is the valuation stacking up?

    • activ8newbs on 24/10/2019 - 12:37

      How do I find out?

      Just look for comparable sales?

      • Realsteel on 24/10/2019 - 13:49
        +2

        I am thinking the purchase is going to need bank finance to settle. The banks would do their valuation before approving loan. Quite often with off the plan purchases, bank valuation may fall short (vs what the property was purchased for) so you have to cover the gap. Given you mentioned delays, I am assuming the purchase was done a while ago and since then the market may have moved.

      • geoffs87 on 24/10/2019 - 16:07

        let us know what building and what suburb they bought in, we'll be able to tell you how the valuation stacks up…

  • chumlee on 24/10/2019 - 12:31
    +4

    I would be more worried about the cladding and cracks in the building

  • netjock on 24/10/2019 - 12:58
    +1

    Depends on what the bargaining position is. See if you can get some money knocked off the price. My rule is to never buy off the plan. That stamp duty saving might just bite you in other ways.

  • Tvsupaguru on 24/10/2019 - 13:11
    +5

    another off the plan apartment complex…………………..waiting for $50,000,000 in remedial work on 8 years time. Right after builders insurance lapses.

    Start saving for those strata "special" fees

  • kusama on 24/10/2019 - 13:19
    +4

    See if it's past the sunset clause date

  • elgrande on 24/10/2019 - 13:37

    The apartment loses its sex appeal

    I would have thought the bars provide more privacy for this type of balcony activity..

  • CocaKoala on 24/10/2019 - 13:45
    +37

    Welcome to ozbargain, Australia's #1 premium legal advice platform. We also post deals here.

    • redslert on 24/10/2019 - 14:41
      +4

      Legal advice posting for friends.

    • DingoBilly on 24/10/2019 - 14:41
      +18

      Specializing in car accident arbitration.

      • RockyRaccoon on 24/10/2019 - 14:54
        +8

        Only for members who sign up to Ozbargain on the day of posting

        • CocaKoala on 24/10/2019 - 15:41
          +16

          Here's a fine example of a post seeking legal assistance:

          Subject: My friend was t-boned in a parking lot, and the car is wrecked. How to get the other party to pay?

          Message: Hi, asking for a friend who did not have insurance (it honestly expired just the day before the accident). My friend was driving to the insurance company up the blue mountains to pay for his premium. As luck would have, an old lady t-boned the front side of my friend's car with the side of her car while my friend was making a high speed hand-brake turn manoeuver (he voted "GOD-LIKE" in the recent driving skillz poll).

          This old lady was so arrogant that she took a full 20 minutes to show up at the scene of accident, as she was taking her sweet time inside the supermarket (the nerve). Worse yet, she was claiming that my friend was at fault because her car was parked and she was away while the crash happened!!11! WTF! Is this even legal?!!

          I am outraged as my premium will now increase, and my car is a write off. I mean, the friend's car. The coppers tested the friend who blew twice the legal BAC limit but it was only a couple of schooners and a bottle of bundy op and a few puffs of the herb. The cops assured it's no problem but wrote me a ticket anyways and issued 4 demerit points. This essentially cancelled my driving license because of the old hag's fault as it's now only 12 points max and I alreaedy had 11 points wtf?!

          How should I prove that the old lady is at fault here? Given that her hand was shivering with the shopping bag, can I claim that she cannot hold the steering steadily which must have caused the accident? Is it possible that the police is colluding with the old lady and I am being setup? My friend is very wroried.

          PS: What is the procedure to demand the shopping centre video surveillance footages to be erased under freedom of information act?

          PPS: Also, a tree collided with the side of my friends car? Can I contact NSW National Parks for compensation?

    • ntt on 24/10/2019 - 15:01
      +6

      we are pro at M$ Paint too

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